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ALLTEL INFORMATION SERVICES, INC. v. F.D.I.C.

No. 97-56472.

194 F.3d 1036 (1999)

ALLTEL INFORMATION SERVICES, INC., a Delaware corporation; ALLTEL Financial Information Services, Inc., an Arkansas corporation, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Pacific Heritage Bank, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 1999.

Attorney(s) appearing for the Case

Howard O. Boltz, Jr., Bryan Cave, Los Angeles, California, for the plaintiffs-appellants.

Lawrence H. Richmond, Federal Deposit Insurance Corporation, Washington, D.C., for the defendant-appellee.

Before: BOOCHEVER, O'SCANNLAIN, and TASHIMA, Circuit Judges.

Opinion by Judge TASHIMA; Dissent by Judge BOOCHEVER.

TASHIMA, Circuit Judge:

ALLTEL Information Services, Inc., and its wholly owned subsidiary, ALLTEL Financial Information Services, Inc., (collectively "ALLTEL") appeal the district court's grant of summary judgment in favor of the Federal Deposit Insurance Corporation ("FDIC"). ALLTEL entered into two contracts with Pacific Heritage Bank ("Pacific Heritage") to provide certain services. Soon thereafter...

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